Enrolled Version - Final Version
House Bill 4309 History
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ENROLLED
H. B. 4309
(By Delegate Michael)
[Passed February 23, 2010; in effect from passage.]
AN ACT
to authorize the Town of Moorefield, the Hardy County
Commission, and
Hardy County's largest corporate user of
public wastewater facilities
to construct and maintain a state
of the art regional wastewater treatment plant, transmission
lines and collection facilities for the purpose of collecting,
transporting and treating the wastewater from the Town of
Moorefield and the unincorporated area
s
of Hardy County;
authorizing the town, the county commission and
Hardy County's
largest corporate user of public wastewater facilities
to
create the Moorefield/Hardy
County
Wastewater Authority to
assume ownership of the facilities; membership; powers and
duties; board of directors; bylaws; rules; support,
maintenance and operation; funds; and severability.
Be it enacted by the Legislature of West Virginia:
MOOREFIELD/HARDY
COUNTY
WASTEWATER AUTHORITY
.
§1. Town of Moorefield, Hardy County Commission and
Hardy County's
largest corporate user of public wastewater facilities
authorized to create and join the Moorefield/Hardy
County
Wastewater Authority; powers and duties generally.
In recognition of the mutual interest of the Town of
Moorefield, the county commission of Hardy County, and Hardy
County's largest corporate wastewater producer in meeting
increasingly stringent wastewater discharge standards, t
he Town of
Moorefield, the county commission of Hardy County, and
Hardy
County's largest corporate user of public wastewater facilities
are
hereby authorized and empowered to create a joint endeavor of the
three entities and join an authority to be known as the
Moorefield/Hardy
County
Wastewater Authority to own and operate a
state of the art regional wastewater treatment plant, transmission
lines, collection facilities and associated appurtenances to
provide wastewater treatment service for the Town of Moorefield and
unincorporated area
s
of the county. The authority shall have the
power and authority to own and operate a wastewater treatment
plant, collection facilities, transmission system, and associated
appurtenances; to treat and contract for the treatment of
wastewater and to provide for the proper maintenance, repair and
upgrade to the wastewater system, including the power of eminent domain, to buy, sell or lease real and personal property and to
take all other actions as may be necessary to carry out such
purposes. The borrowing of money and the notes, bonds and security
interests evidencing any borrowing shall be authorized by
resolution approved by the authority, shall bear the date or dates,
and shall mature at the time or times, in the case of any bonds, as
the resolution or resolutions may provide. The notes, bonds and
security interests shall bear interest at such rate or rates, be in
such denominations, be in the form, either coupon or registered,
carry the registration privileges, be executed in the manner, be
payable in the medium of payment, at the place or places, and be
subject to the terms or conditions of redemption as the resolution
or resolutions may provide
:
Provided, That
every issue of notes,
security interests and bonds shall be limited obligations of the
authority payable solely out of any revenues or moneys of the
authority, subject only to any agreements with the holders of
particular notes, security interests or bonds pledging particular
revenues. The notes, security interests and bonds issued by the
authority shall be and hereby are made negotiable instruments under
the provisions of article eight, chapter forty-six of the Code of
West Virginia, 1931, as amended, subject only to the provisions of
the notes, security interests or bonds for registration.
§2. Board of directors; appointment; officers; procedures; bylaws;
rules.
There shall be a board of directors, consisting of five
members. One member shall be a sitting member of the Town Council
selected by the Town
Council
; one member shall be a sitting member
of the county commission
selected
by the county commission; one
member shall be a representative of
Hardy County's largest
corporate user of public wastewater facilities and shall be
appointed by
such corporate user of public wastewater facilities
;
one member shall be appointed by the Town
Council
with unanimous
consent of the county commission and
Hardy County's largest
corporate user of public wastewater facilities
; and, one member
shall be appointed by the county commission with unanimous approval
of the Town
Council
and
Hardy County's largest corporate user of
public wastewater facilities
. No later than July 1, 2010, the Town
of Moorefield and the county commission shall each appoint one
member of the board of directors for a term of
three
years; the
Town Council of the
Town of Moorefield and the county commission of
Hardy County shall each
select one of their members for a
term of
two
years; and,
Hardy County's largest corporate user of public
wastewater facilities
shall appoint one member for
a
term of five
years
, all
in the manner set forth herein. Although members shall
serve from the date of appointment, terms of office shall expire as
if said terms had commenced on July 1, 2010. Each successor member
of the board of directors shall be appointed by the respective entity that appointed the predecessor member in the same manner as
the predecessor was appointed and each successor member shall be
appointed for a term of
three
years, except that
the terms of the
Town Council person and the county commissioner shall be for a
period of two years, and provided further, that
any person
appointed to fill a vacancy occurring before the expiration of the
term shall serve only for the unexpired portion thereof. Any
member of the board shall be eligible for reappointment and the
appointing entity which appointed the member may remove that member
at any time for any reason. There shall be an annual meeting of
the board of directors on the second Monday in July of each year
and a monthly meeting on the day in each month which the authority
may designate in its bylaws. A special meeting may be called by
the president or any two members of the board and shall be held
only after all of the directors are given notice thereof in
writing. At all meetings t
hree
members shall constitute a quorum
and at each annual meeting of the board of directors it shall
elect, from its membership, a president, a vice president, a
secretary and a treasurer
:
Provided, That a member may be elected
both secretary and treasurer. The board of directors shall adopt
those bylaws and rules which it considers necessary for its own
guidance and for the administration, supervision and protection of
the authority and all of the property belonging to the authority. The board of directors have all the powers necessary, convenient
and advisable for the proper operation, equipment and management of
the authority; and except as otherwise especially provided in this
act, shall have the powers and be subject to the duties which are
conferred and imposed upon the cooperating entities by article
thirteen-d, chapter sixteen of the Code of West Virginia,1931, as
amended. The qualifications of the directors shall be determined
by each participating entity.
§3. Same--A body corporate.
The Moorefield/Hardy
County
Wastewater Authority hereby
created shall be a public corporation and governmental
instrumentality. It may contract and be contracted with, sue and
be sued, plead and be impleaded and shall have and use a common
seal.
§4. Title to property.
The title to all property, both real and personal, that will
provide wastewater service to the parties making up the authority
in connection with the operation by it shall vest in the board of
directors of the Moorefield/Hardy
County
Wastewater Authority
hereby created.
§5. Support, maintenance and operation.
All income realized by the operation of the authority from the
collection, transmission and treatment of wastewater or from any other sources shall be used by the board of directors for the
support of the Moorefield/Hardy
County
Wastewater Authority.
§6. Deposit and disbursement of funds.
All money collected by the Moorefield/Hardy
County
Wastewater
Authority shall be deposited in a special account for the
Moorefield/Hardy
County
Wastewater Authority, and shall be
disbursed by the authority for the purpose of operating a public
wastewater system.
§7. Workers' compensation; social security and public employees'
retirement benefits for employees.
All employees of the Moorefield/Hardy
County
Wastewater
Authority hereby created shall be entitled to the benefits of the
provisions of chapter twenty-three, and articles seven and ten,
chapter five of the Code of West Virginia, 1931, as amended.
§8. Effect of future amendments of general law.
Amendments to article twenty-three, chapter eight of the Code
of West Virginia, 1931, as amended, and other general laws shall
control this act only to the extent that they do not conflict with
the special features hereof, or unless the intent to amend this act
is clear and unmistakable.
§9. Severability.
If any provision of hereof is held invalid, such invalidity
does not affect other provisions hereof which can be given effect
without the invalid provision, and to this end the provisions of
this act are declared to be severable.